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NY L83791




May 5, 2005

CLA-2-38:RR:NC:2:239 L83791

CATEGORY: CLASSIFICATION

TARIFF NO.: 3824.90.9190, 3824.90.3900

Ms. Cynthia Hohenstein
Tosoh USA, Inc.
3600 Gantz Road
Grove City, OH 43123-1895

RE: The tariff classification of Zirconia Powders TZ Series from Japan.

Dear Ms. Hohenstein:

This ruling is being issued to correct Customs Ruling Number NY L82632, dated March 22, 2005. The ruling contained typographical errors in the subheading description for Ziconia Powder TZ-3Y-B and Ziconia TZ-3Y-BE. A complete corrected ruling follows:

In your letter dated February 14, 2005, you requested a tariff classification ruling for Zirconia Powders TZ series which you have stated will be used to produce structural and/or functional parts. Structural parts will include pulleys, nozzles, and other wear resistant industrial parts. Functional parts will include parts used as iconic conductors which will be further assembled into devices used in oxygen sensor applications. The TZ series consists of Zirconia Powder TZ-8Y, Zirconia Powder TZ-3Y-E, Zirconia Powder TZ-3YB and Ziconia Powser TZ-3Y-BE. Each contain (with varying percentages) zirconium oxide, yttrium oxide, hafnium oxide and aluminum oxide. Zirconia Powder TZ-3YB and Ziconia Powder TZ-3Y-BE also contain a binder.

The applicable subheading for Zirconia Powder TZ-3YB and Ziconia TZ-3Y-BE will be 3824.90.9190, Harmonized Tariff Schedule of the United States (HTS), which provides for prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: other. The rate of duty will be 5 percent ad valorem.

The applicable subheading for Zirconia Powder TZ-8Y and Zirconia Powder TZ-3Y-E will be 3824.90.3900, Harmonized Tariff Schedule of the United States (HTS), which provides for prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included; not elsewhere specified or included: mixtures of two or more inorganic compounds: other. This provision is duty free.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Andrew Stone at 646-733-3032.

Sincerely,

Robert B. Swierupski
Director,

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